The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-06-24


if witness is in the habit Of swearing);
the hack behind which Whitney was
found stood on the side of Hotel
street; do not know who the driver
was; disturbance was going on half an
hour more or less; cannot say how
many had hold Of Dias when first
struck; know Whitney, Creighton and
Muller we're there; ! know Dowsett,
my first acquaintance being when l
arrested him on the former occasion;
have been on the police force nearly
six months; was a carpenter before
that; lived in the Reformatory School
seven years; have been in prison for
one year, was committed when a small
boy to the Reformatory School, and
Mr. Hill found me so troublesome that
he had me committed to Jail under
the statute.
+. Muller, sworn; reside on
Richards street, corner of Palace walk;
was at home Saturday night, after
1890; saw these gentlemen at my
house that night; had ten visitors that
night, | believe, the three defendants,
Messrs. Hatch, Whiting, Creighton,
Mather, Tweedie and others; they left
the house about o'clock Sunday
morning; / went to the gate with them;
saw two men on horseback, didn't
know that they we're policemen; those
two we're the men; Dias had badge
on, No 2; asked him to show badge,
when he did so, saying, "Here, No. q"
it was light there; think l could have
seen badge at twenty-five feet; can see
persons at Hotel Stables from my gate.
Cross-examined-Could not see
Dias' badge at FIRST, it being covered
with his coat; did not see the other
mans badge; saw that Of Dias after
ward when he took of his coat
MIR. Describe what took
place at the gate.
The Marshal objects that counsel
has laid no foundation, and his cross
examination must pertain to what was
brought out in direct examination.
Mr.. Hatch commended that the wit
ness having been brought to show that
the two policemen were there that night,
nothing relating to what the police
were doing on that occasion could by
any rule Of evidence be barred out.
The Court allowed the question.
Witness--When came to the gate |
saw these policemen in the street with
their horses; Dias was in middle Of
street, Robinson nearer sidewalk, the
horses head pointed toward gate; the
first heard was Robinson saying, ~
know you, God damn you, you are the
man / want to get;" advised Dowsett
to keep quiet; he was leaning against
gate post; then Dias came up and
asked Dowsett II he wanted to fight,
shaking his fist in his face; | wanted
the party to return TO the garden, as |
did not want to have a disturbance in
the street; when Dias challenged Dow
sett, he told Dias to take off his badge
and he would fight him, as he would
not fight with a policeman; then l
stood between them and facing Dow
sett asked him to 90 away from there;
next asked policeman what his number
was, as wanted to report him for
challenging Dowsett; he pointed to his
star and gave the number; | told him
to 60 away, asking what was the use of
fighting there; he tried to jump round
me TO get at Dowsett; there were four
or FIVE gentlemen leaning against the
gate on the outside.
At a:so the Court continued the
case till II a. m. Friday, the last wit
ness being notified to be on the stand
at that hour.